ELOM:2023:001 | Mid-air collision between two paramotors | North Holland
Decision: 27 January 2023 PPS North Holland
Aviation case category: General aviation (paramotor)
Formal links: ELOM:2023:002
Content indication: Mid-air collision between two paramotors. Dismissal because it later emerged that suspect [A] was wrongly treated as a suspect.
PPS Decision
in the case against a paramotor pilot, referred to below as the suspect [A].
Reason for the investigation
The investigation was opened following two occurrence reports regarding a mid-air collision between two paramotors near [place]. The Aviation Occurrence Analysis Bureau (ABL) referred these reports to the PPS. The first report, made by suspect [A], was referred on 28 July 2022 because, according to the ABL, it gave rise to a suspicion of gross negligence. [1] The second report, made by suspect [B], was referred to the PPS a day later.
Suspected offence
Violation of Article 5.3 of the Aviation Act and Article 50 (1) opening words under d and 5° of the National Aviation Safety Regulations.
Facts and circumstances
In the opinion of the aviation prosecutor, it can be established based on the aviation police report that [B] collided with the screen of his paramotor trike into the propeller of [A]'s paramotor (a powered paraglider/foot-starter), causing [B] to crash. [A] was able to continue flying and make a precautionary landing.
Decision
The investigation revealed that [A] had been wrongly identified as a suspect. The aviation prosecutor considers him a victim of the accident. The only suspicion that remained in his regard was that [A] appeared to have flown close to buildings and over above groups of people. However, that suspicion does not go to the essence of the matter and, if at all provable, does not, in the opinion of the aviation prosecutor, justify any further action.
The case against [A] was therefore dismissed.
[1] This referral is based on the cooperation agreements between the PPS and the ABL under Just Culture. The PPS does not generally have access to occurrence reports made under Regulation 376/2014. The ABL only pursues such reports if it suspects that the boundaries of Just Culture have been crossed, i.e. in cases of suspected intent or gross negligence. The PPS can then investigate whether or not that is the case. See also Section 3.1 of the Instruction on the investigation and prosecution of civil aviation occurrences.